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Seal and Expunge

Expunge and Seal Records

The conclusion of a criminal case rarely marks the true end for most people involved in the Florida criminal justice system. Evidence of a person’s arrest and other activities remains available to interested parties long after cases have been closed.

For many people, criminal records can have disastrous implications later on in regards to employment, education, or housing—even when alleged offenders were not convicted. State law in Florida allows for people to have their criminal records sealed or expunged in some circumstances, allowing them to lawfully deny that an arrest ever happened.

Lawyer in Pensacola, FL for Sealing of Records and Expunction

If you are hoping to expunge or seal your criminal record, you should know that you will need to fill out complex paperwork and meet strict deadlines. An error can result in your case being delayed or denied. This process can be easier with the help of Pensacola criminal defense attorney John Terrezza who has experience assisting people with sealing and expunging their records.

Terrezza Law helps clients all over Escambia County and Santa Rosa County successfully expunge or seal their criminal records. John Terrezza will be happy to try and assist you with the process if you call (850) 764-5291 to schedule a free, confidential consultation.

Escambia County Record Sealing Information Center

Expungement vs. Sealing Criminal Records in Florida

While expunging and sealing criminal records are similar procedures which can both remove records from public view and can allow people to deny arrests ever occurred, the two processes have some significant differences and how your case was resolved can affect your eligibility.

Court-ordered expunction of criminal history records, Florida Statute §943.0585 — People can expunge their criminal records if formal charges were never filed, their cases were dismissed, they were acquitted by a judge or jury, or 10 years have elapsed since their criminal records were sealed. When a record is expunged, the record is physically destroyed. The FDLE confidentially maintains a limited record of the person’s criminal history.

Court-ordered sealing of criminal history records, Florida Statute §943.059 — Criminal records can be sealed when the court withholds adjudication of guilt in a criminal case. After a record has been sealed, no party without a court order or authorization has access to the record. The Florida Department of Law Enforcement (FDLE) keeps a record of the arrest and the criminal record is also kept by the courthouse and the arresting agency that handled the case, but the information does not show up in any background check.

People who are have had their record sealed or expunged are able to lawfully deny or fail to acknowledge the arrests covered by their records in most situations, but must still disclose when they:

Are candidates for employment with criminal justice agencies;

Are defendants in criminal prosecutions;

Concurrently or subsequently petition for the expunction or sealing of another criminal record;

Are candidates for admission to The Florida Bar;

Are seeking to be employed or licensed by or to contract with the Department of Children and Family Services, the Agency for Health Care Administration, the Agency for Persons with Disabilities, or the Department of Juvenile Justice or to be employed or used by such contractor or licensee in a sensitive position having direct contact with children, the developmentally disabled, the aged, or the elderly;

Are seeking to be employed or licensed by the Department of Education, any district school board, any university laboratory school, any charter school, any private or parochial school, or any local governmental entity that licenses child care facilities; or

Are attempting to purchase firearms from licensed importers, licensed manufacturers, or licensed dealers and are subject to a criminal history check under state or federal law.

People who have had their criminal records sealed also cannot lawfully deny or fail to acknowledge the arrests covered by their records if they are seeking authorization from a Florida seaport for employment within, or access to, one or more Florida seaports.

Pensacola Crimes Ineligible for Sealing or Expunction

Not everyone is eligible to have their criminal record expunged or sealed. You cannot seal or expunge ta records if you were ever adjudicated guilty of a crime in the State of Florida, have a pending case, or have previously sealed or expunged an offense from your criminal record.

Certain criminal offenses are also ineligible for expunging or sealing if a plea was entered and adjudication was withheld. These offenses include:

Abuse of an elderly person or disabled adult;
Act of domestic violence;
Act of terrorism;
Aggravated assault;
Aggravated battery;
Aircraft piracy;
Arson;
Burglary of a dwelling;
Carjacking;
Child abuse or aggravated child abuse;
Computer pornography; traveling to meet minor;
Criminal conduct by public employees and officials;
Drug trafficking;
Florida Communications Fraud Act;
Home invasion robbery;
Homicide;
Illegal use of explosives;
Kidnapping;
Lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age, an elderly person, or a disabled person;
Lewd, lascivious, or indecent assault upon or in presence of a child under 16;
Luring or enticing a child;
Manslaughter;
Manufacturing controlled substances;
Predicate offenses for registration as a sexual predator;
Procuring a minor for prostitution;
Providing obscene material to minors;
Robbery;
Selling or buying of minors;
Sexual activity with a child, who is 12 years of age or older but less than 18;
Sexual battery;
Sexual misconduct between an employee and a mentally ill patient;
Sexual misconduct with developmentally disabled person;
Sexual performance by a child;
Stalking and aggravated stalking;
Voyeurism; and
Attempting or conspiring to commit any of the above crimes.

Florida Expunction Resources

Florida Statute § 943.0585 — You can view the full text of the state law for the expunction of criminal records. This covers the petition to expunge a criminal record, the certificate of eligibility for expunction, and the processing of a petition or order to expunge. You can also learn more about the effect of criminal record expunction.

Florida Statute § 943.059 — View the full text of the state law for the sealing of criminal records. Learn more about the petition to seal a criminal record, the certificate of eligibility for sealing, and the processing of a petition or order to seal. Additional information includes the effect of criminal record sealing.

Seal and Expunge Process | FDLE — On this section of the FDLE website, you can download applications for juvenile diversion expungement, lawful self-defense expungement, and the expunge/seal package. You can also find agencies that are entitled to seal or expunged information, a final application checklist, and instructions for applying. The website also includes some common reasons for denial of petitions.

Terrezza Law | A Lawyer for Expunging or Sealing Criminal Records in Pensacola, Florida

Are you hoping to seal or expunge your Florida criminal record? If you want to make sure your case is handled the right way, it will be in your best interest to contact Terrezza Law as soon as possible.

John Terrezza is a criminal defense attorney in Pensacola who helps clients in Pensacola Beach, Gulf Breeze, Milton, and surrounding areas of Escambia County get their records sealed or expunged. Call (850) 764-5291 or fill out an online contact form right now to set up a free consultation that will let our lawyer review your case.